25 Feb 2021
KONG HOI CHIENG (NRIC NO: 4311065275) AK LAND SDN BHD (CO. NO.: 675206-X)
- Citation
- S-02(W)-1030-06/2019 (Mahkamah Rayuan)
- Court
- W
- Case number
- S-02(W)-1030-06/2019 (Mahkamah Rayuan)
Appeal allowed because (1) there was no abuse or duplicity: the 2nd Defendant was not a party to the prior OS and the reliefs/parties differed, (2) the Statement of Claim adequately pleaded material facts supporting an unjust enrichment claim against the 2nd Defendant, and (3) the restitution cause of action accrues only upon termination/acceptance of repudiation so the action filed on 26.11.2012 fell within the six‑year limitation under item 97 SLO; High Court’s dismissal on grounds of duplicity, non‑pleading and time bar was erroneous.